Goetzinger v. Rosenfeld

Citations

• 16 Wash. 392
• 38 L.R.A. 257
• 47 P. 882
• 1897 Wash. LEXIS 331

Syllabus

<p>APPEAL—ASSIGNMENT OP ERRORS—JUDGMENT — PRESUMPTION AS TO COMMUNITY DEBT — MORTGAGE — PRIORITY OP LIEN — EVIDENCE.</p> <p>The assignment of the decree of the court as error is sufficient, when there are no special findings of fact separately from the decree, and the validity of the decree is the single question raised in the brief.</p> <p>The presumption as to a judgment, in the absence of proof, is that it is based upon a community debt.</p> <p>Parol proof is admissible for the purpose of determining the priority of lien between a judgment entered and a mortgage recorded on the same day.</p> <p>Where a mortgage executed to secure an antecedent debt is recorded on the same day that a judgment is entered against the mortgagor, the equities between the two are equal and they should be pro rated in the proceeds from the real estate covered by both liens, when it appears that the mortgagee had knowledge of the pendency of the action in which the judgment was rendered and had filed his mortgage for record but a short time prior to the entry of judgment.</p>